Intention to permanently deprive s.6 Flashcards
Is there any definition in the theft act
no
You don’t have to permanently deprive but instead
intend to do so
What level of intention is sufficient
Intention as theft is SIC so recklessness is insufficient
What is intention to permanently deprive
intending to treat property as own when it does not belong this also covers situations where property is borrowed
usually borrowing does not amount to ITPD but when will it
if the intention was to return the property in a changed state so that all the virtue or goodness had gone e.g. borrowing a bus pass for a day but using it up
If a person borrows money intention to later repay is the an ITPD
yes however there may not be dishonesty
case showing intention of repay
R V Velumly:
took money from company safe intending to repay, conviction upheld as he intended to PD of those specific banknotes
Which section covers the situation of the borrower and what does it say
s.6.1
That a borrower can still have ITPD if the borrowing is for a period and in circumstances making it equal to outright taking
What does s.6.2 deal with
pawning situations- if pawn without permission the ITPD it does not matter if you intend to retrieve the goods as it might not be possible to get the goods back
Case for ITPD even if the intention is only to temporarily deprive
Lloyd: projectionist gave a film to D who copied it and returned in time for next screening